Punjab

Patiala

CC/132/2018

Baljinder Singh - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Inperson

12 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

 

                                      Consumer Complaint No. 132 of 16.4.2018

                                      Decided on:    12.9.2018

 

Baljinder Singh age 25 years son of S.Randhir Singh, resident of village Kabulpur, Tehsil Rajpura, District Patiala.

                                                                   …………...Complainant

                                      Versus

1.       The Branch Manager, Punjab National Bank, Main Branch , Rajpura, District Patiala.

2.       The Regional Manager, Punjab National Bank, Karam Complex, Sirhind Road, Patiala.

3.       The Zonal Manager, Punjab National Bank, SCO 31-42, Sector 17-B, Chandigarh.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

 

QUORUM

                                      Smt. Neelam Gupta, Member

                                      Sh.Kanwaljeet Singh, Member                                      

                                                                            

ARGUED BY:

                                      Sh.Baljinder Singh, complainant in person.

                                      None for OPs No.1 to 3.                                     

 ORDER

                            SH.KANWALJEET  SINGH , MEMBER

1. Briefly, the case of the complainant is that he is maintaining saving bank account bearing No.466600150003883 with the OP No.1. It is stated that he was working as Mechanic at Livestock Solution Private Limited, Village Bhurimajra, Shambu, Patiala. On his request, the OP converted the aforesaid account number as salary account and the  salary of Rs.21,995/- per month started disbursing in his this account.
2. On 22.2.2018, at 11:13AM,  the complainant received on  his mobile No.99148-52335 a message “Debited with Rs.10,000/-” from his above said salary account, but he has not withdrawn this amount. The complainant approached OP no.1 on 23.2.2018 at 10:30AM and apprised about the above mentioned debited amount of Rs.10,000/-from his account. The Branch Manager of OP no.1 assured him to do the needful in this regard. The complainant also told the Branch Manager that earlier to this a sum of Rs.1500/- was credited on 20.2.2018 at 11:01 AM and this amount was debited on the next day i.e. on 21.2.2018 at 10:35AM.The concerned Manager told that for the time being he is closing the above mentioned account number, so that no amount could be debited from his said account number. The concerned Manager also told  the complainant  to hotlist his ATM and referred to the concerned official of the bank to get the Toll Free Number, so that the complainant can hotlist his ATM by dialing the numbers given by the concerned official. The complainant got Toll Free number and able to hotlist his ATM by dialing those numbers given by the concerned official. But the complainant was again surprised to see the message on his mobile at 10:55 AM “Debited Rs.5000/-” from his above mentioned account. The complainant immediately returned back and made aware to the concerned branch manager about this message. At the moment, the complainant again received a message on his mobile at 10:59 AM , “ Debited Rs.5000/-”.The same was duly read over to the Branch Manager, who told that he could not close the account of the complainant in time and immediately closed the account of the complainant. The complainant was made to suffer loss of Rs.10,000/-.The act and conduct of the OPs amounts to deficiency in service. Hence they are liable to pay the debited amount alongwith interest @18% per annum w.e.f.22.8.2018 till realization. Hence this complaint with the prayer for giving direction to the OPs to pay the claim amount of Rs.20,000/- alongwith interest @18% per annum from 22.2.2018 till realization and also to pay Rs.50,000/- as compensation for causing mental torture, agony & inconvenience alongwith Rs.2,000/-as litigation expenses.
3. Upon notice OPs appeared  and filed written reply. In the reply, it is stated that Mr.Baljinder Singh is maintaining SF account 4666001500003883 at ours. On 22.2.2018, customer came to the branch and informed that an amount of Rs.10,000.00 fraudulently debited from his account. While explaining the incident, again amount of Rs.5000/- got debited from his account twice. Complainant was duly asked, whether he has shared any sensitive information regarding ATM card/PIN/CVV Number with any unknown person to which the complainant replied that he never did so. Subsequently, branch hot-listed his debit card and his account was frozen immediately, to prevent any further fraudulent transactions and e-mail mentioning who incident, was duly sent to ATM CRC (Portal for redressal of complaints regarding fraudulent transactions).

          Further on scrutiny of his account transactions, it is revealed that an amount of Rs.1500/- got credited to his account by unknown person/sources on 20.2.2018 for which the customer/complainant did not report to the bank/branch for two days till amount got debited from his account on 22.2.2018.Tracking such transactions is out of branch’s purview. Therefore, incident was promptly reported to concerned department ATM CRC on same date and but yet no communication from ATM CRC regarding related complaint Nos.M116752703, M116752720 has been received and on receipt of any information on this matter, same will be reported to customer on priority basis.

4. In evidence, the complainant tendered into evidence Ex.CA his affidavit alongwith documents Exs.C1 to C5 and closed the evidence.
5. Sh.Rajan Kumar, Branch Manager, PNB , Rajpura, tendered into evidence his affidavit Ex.OPA alongwith documents Exs.OP1 to OP5 and closed the evidence.
6. We have heard the complainant and gone through the record of the case, carefully.
7. It is admitted by both the parties that in saving bank account No.466600/1500003883, an amount of Rs.10,000/- debited on 22.2.2018 at 11:13AM and again amount of Rs.5000/- debited from his account twice on 23.2.2018. A sum of Rs.1500/-was credited to the account of the complainant by unknown person on 20.2.2018 at 11.01 AM and this amount was debited on the next day on 21.2.2018 at 10.35AM. In reply OPs admitted that tracking such transactions is out of bank’s purview. We observe that OPs are the guardian of the consumer’s amount. OPs should use the preventive measure to protect the rights of the Consumer. It is fundamental duty of the OPs to supervise and timely control this type of irregularities  being an ordinary prudent man. It is revealed from  Exs.C1 to C5 and Exs.OP1 to OP4 that the amount of Rs.20,000/- debited from the complainant account. From this angle OPs are deficient in providing service towards the complainant. Resultantly , we partly allow the complaint and direct the OPs to refund the amount of Rs.20,000/- to pay Rs.2000/- as compensation within 30 days from the date of the receipt of the certified copy of this order.

          Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:12.9.2018                

                                                                  

                                           KANWALJEET SINGH  NEELAM GUPTA

                                                MEMBER                         MEMBER